30 Days

[Carl the Engineer]

So I finally got my letter today, June 25th.  States I have 30 days from date on letter which is June 8th, to request a hearing.  Sounds like July 7th is the drop dead date.  I already got a copy from my CVSO, but what if I did not know that there was one coming, i.e., if I didn't have eBennies, etc...

This is about a tax issue on my Separation Pay.  The VA recouped in 2011, but now they asked DFAS (because I got 100%) and DFAS told the VA I owe $1951.00 more, and they want to recoup that amount now.

The confusion comes that, before 1996, they are to recoup 75% of the total amount (25% for Federal tax, estimated), and then after 1996 they are to recoup the NET from your LES (pay stub).

Mine was paid in 2008, and they recouped the NET.

If you take the total amount paid times 75% and subtract what the VA already recouped in 2011, you get exactly $1951.00, which is what DFAS say I owe now.

Absolutely no one can read,

Hamslice

I have already submitted the 3 regulations that state this to my claim, but they haven't been reviewed yet.  Looks like I will be taking a ride to Milwaukee for a hearing.  Jesus Christ.

 

 

 

[ArNG11]

Sorry Hamslice,

 

It will get better, in the end of the shenanigans, they, the VA, will tuck tail.  Hang in there brother, you will prevail.  Stay tough.

[Carl the Engineer]

8 hours ago, ArNG11 said:

Sorry Hamslice,

 

It will get better, in the end of the shenanigans, they, the VA, will tuck tail.  Hang in there brother, you will prevail.  Stay tough.

Glad to see you are back!!

I just went to 100 back in June, from 90 for two years.  80 to 90 is tuff, 90 to 100 schedular is nearly impossible, however doable.  VA math is funny, but if you work thier math, there are little supprises.  A 20 percent increase on a 20 percent rated disability is worth more a new 20 percent rated disablility.  Just sayin.  Increases matter, than secondaries, then new issues.

I am 100P&T and my biggest disability is a 40.  I thought I had a biggie that would put me over the top, but it got denied (I haven't seen the exam as it was 3rd party and I am waiting to get me cfile until this is done, probably my first appeal) however, the VA rated 2 additional issues they saw in a minor increase I had claimed that put me at 96, hence the 100 rating.

Keep plugging, and keep getting treatment for what ails you, and then make the claims, 

Good luck,

Hamslice

 

[Rivet62]

On 1/15/2022 at 10:26 AM, Hamslice said:

I just went to 100 back in June, from 90 for two years.  80 to 90 is tuff, 90 to 100 schedular is nearly impossible, however doable.  VA math is funny, but if you work thier math, there are little supprises.  A 20 percent increase on a 20 percent rated disability is worth more a new 20 percent rated disablility.  Just sayin.  Increases matter, than secondaries, then new issues.

I am 100P&T and my biggest disability is a 40.  I thought I had a biggie that would put me over the top, but it got denied (I haven't seen the exam as it was 3rd party and I am waiting to get me cfile until this is done, probably my first appeal) however, the VA rated 2 additional issues they saw in a minor increase I had claimed that put me at 96, hence the 100 rating.

Keep plugging, and keep getting treatment for what ails you, and then make the claims,

I need to print this and put this on my wall, because this seems to be the way it's going.  My biggest is 70 and everything else just 10s. It's the everything else that is wide open for increases. My attorney was keen enough to make VA separate my back issues into cervical, thoracic, and lumbar. Now it's getting interesting with current x-rays (which I just submitted to him). My copy and paste SOC looks like a Tetris game, but soon this all may change with the new x-rays. Measured range of motion testing with an actual goniometer must be the Achilles heel, because getting them done properly is like pulling teeth. I think I see the path though.

On 1/15/2022 at 10:26 AM, Hamslice said:

and I am waiting to get me cfile

Yeah well I'm tired of waiting. I called 1-800-Peggy and they said I can drive to the nearest VARO, any VARO, and see it and ask to have it printed right then and there and leave with it in hand. I hope that's the case because the nearest VARO is a 1.5 hour drive. 

[Rivet62]

On 1/15/2022 at 10:26 AM, Hamslice said:

Just sayin.  Increases matter, than secondaries, then new issues.

Yeah I think my attorney positioned me for this very thing. and the time he's put into it seems to follow this order of importance.

[Carl the Engineer]

Complete,

So, I won my case with the Judge after my "in-person" hearing and then today I see I am getting a deposit for the two months they withheld $309.82.  I had thought it was 3 months, but, now I see it was just two.

Anyway, two wins,

Hamslice

Now I can request my C-File and see what I got denied for in last June's claim.  One year ticking!!!!!

[ArNG11]

wow Hamslice, that is by far the fastest oops we messed up mistake, on money withheld when they say we messed up, heh I guess "they" make mistakes as well. Keep searching and keep fighting bud.  Good luck

Edited January 24, 2022 by ArNG11
missed a word